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Quick question - does anyone know if hiring a tax attorney is actually worth it for this size penalty (around $7,800 total)? I'm dealing with something similar and trying to decide if I should just set up a payment plan and move on, or if fighting the penalty might save enough to justify attorney fees.
I'm sorry you're going through this - dealing with IRS penalties can be incredibly stressful. One thing I haven't seen mentioned yet is the possibility of an Offer in Compromise (OIC) if you're truly unable to pay the full amount. While it's not easy to qualify for, the IRS will sometimes accept less than what you owe if paying the full amount would create a financial hardship. You'd need to demonstrate that paying the penalty would prevent you from meeting basic living expenses. The IRS looks at your income, expenses, assets, and ability to pay when considering an OIC. It's definitely worth discussing with your tax attorney when you meet with them. Also, make sure to request penalty and interest abatement in writing, even if you end up setting up a payment plan. Sometimes the IRS will consider abating interest that accrued while they were processing your abatement request, especially if there were delays on their end. Document everything - every phone call, every piece of correspondence. If you do end up working with the IRS directly, always follow up phone conversations with a written summary sent to them confirming what was discussed. This creates a paper trail that can be helpful if there are any disputes later about what was agreed upon.
One more thing to consider - if either of you have student loans, filing jointly might affect income-based repayment plans since they'll look at your combined income. Something to think about if she's got loans and is on an IBR plan.
Just wanted to add something that might help with your decision-making process. Since you mentioned using TurboTax before, you'll find that most tax software (including TurboTax) will actually run calculations for both filing jointly and separately, then recommend whichever saves you more money. In your case, with your $58k income and her $9.2k income, filing jointly will almost certainly be better because: 1. You'll get the higher standard deduction ($29,200 vs $14,600 each if filing separately) 2. Your combined income will likely keep you in lower tax brackets overall 3. You'll have access to more credits and deductions that phase out for separate filers The "dependent" confusion is totally understandable - it's one of the most common misconceptions for newlyweds. The tax code treats marriage as creating a partnership, not a dependency relationship. You're both equal partners in the return, even if one person earns significantly more. Good luck with your first married filing! The software will walk you through everything step by step.
This is really helpful! As someone who just got married last month, I'm already dreading tax season next year. It's reassuring to know that the software will actually compare both options for you - I had no idea that was a feature. One question though - when you say "access to more credits and deductions that phase out for separate filers," can you give an example? I'm trying to understand what we might be missing out on if we filed separately by mistake.
5 Has anyone actually compared standard mileage vs MACRS over a 5 year period? I'm curious what the total deduction difference would be over the typical ownership period of a vehicle.
16 I did the math for my landscaping business with a $38K truck driven about 28,000 business miles annually. Over 5 years: - Standard mileage: roughly $83,000 in total deductions - Actual expenses w/MACRS: about $79,000 in total deductions Standard mileage won, but just barely. The big difference was maintenance - my truck needs minimal repairs in the first 5 years. If you have higher maintenance or insurance costs, actual expenses might win.
This is really helpful analysis! I'm in a similar situation with high business mileage and was leaning toward MACRS thinking it would automatically be better. Your 5-year comparison is eye-opening - I never thought to calculate the total deductions over the full ownership period. One thing I'm still confused about though - if I choose standard mileage this year, am I locked into that method for the life of the vehicle? Or can I switch to actual expenses with MACRS in future years if my situation changes (like if maintenance costs spike or I start driving fewer business miles)? Also, does the standard mileage rate typically increase each year with inflation? I'm wondering if that factors into the long-term calculation at all.
Great questions! Once you choose standard mileage for a vehicle in its first year of business use, you're generally locked into that method for that vehicle's lifetime. You can't switch to actual expenses/MACRS later. However, if you start with actual expenses, you CAN switch to standard mileage in future years (but then you're locked into standard mileage going forward). The standard mileage rate does adjust annually - it's gone from 56 cents in 2021 to 65.5 cents in 2025, so inflation protection is built in. That's actually one of the hidden benefits of standard mileage that makes it even more attractive for high-mileage contractors like us. If you're unsure, I'd recommend tracking both methods in your first year (keep all receipts AND mileage logs), then choose whichever gives you the better deduction. Just remember - once you file that first return with standard mileage, you're committed to that method for that vehicle.
Remember that even with no activity, there may be state fees you can't avoid. I had an inactive LLC in California and still had to pay the $800 minimum franchise tax despite having literally zero dollars in revenue. It varies by state though, so check your state's requirements.
This is so important to highlight! I had a similar situation in New York with an inactive LLC and was hit with unexpected filing fees. Different states have completely different rules for these things.
I went through this exact same situation last year with my inactive LLC! Here's what I learned after making some mistakes initially: First, yes you absolutely need to file the 1065 even with zero activity - the IRS doesn't care that nothing happened with your business. However, $420 is way too much for a zero-activity return. I ended up using FreeTaxUSA's business version which was around $40 and handled the partnership return just fine. The software walked me through each section, and since everything was zeros, it was actually pretty straightforward once I got started. The trickier part was figuring out my state requirements. I'm in Texas so I didn't have franchise tax issues like California, but I still had to file a "No Tax Due" report with the state comptroller. Make sure you research your specific state's requirements because they vary wildly. One tip: when you fill out the K-1 forms for each partner, even though the amounts are all zero, you still need to complete the partner information sections correctly. That's where I got tripped up initially. The whole process took me about 2 hours including research time, and cost me less than $50 total instead of hundreds for an accountant.
This is really helpful, thanks for sharing your experience! I'm curious about the K-1 partner information sections you mentioned - what specific details do you need to include even when all the financial amounts are zero? I want to make sure I don't miss anything important when I tackle this myself.
Molly Hansen
I actually worked for one of these "tax resolution" companies for 3 months before quitting in disgust. The $9,500 quote is their standard starting point for 6+ years of returns, regardless of complexity. They're trained to scare people about IRS enforcement and push financing options that end up costing even more with interest. Your neighbor should look for an Enrolled Agent (EA) who specializes in back taxes. They typically charge $200-350 per back year for simple returns, and they're specifically licensed by the IRS to handle tax matters. The good news is the IRS is generally reasonable about payment plans. Once the returns are filed, your neighbor can likely set up a monthly payment plan with the IRS directly - often with much lower payments than what these resolution companies try to finance.
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Miles Hammonds
ā¢Thanks so much for this insider information! I suspected as much but having confirmation from someone who worked there is really helpful. I'll definitely look for an Enrolled Agent in our area to help him out. One last question - would there be any benefit to him going through the IRS Voluntary Disclosure program I've heard about, or is that only for more serious cases?
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Molly Hansen
ā¢The IRS Voluntary Disclosure Program is primarily designed for taxpayers with potential criminal exposure - like those who have intentionally committed tax fraud or have undisclosed foreign accounts. From what you've described, your neighbor simply fell behind on filing, which is very common and generally treated as a civil (not criminal) matter. What he should look into is the IRS "Streamlined Filing Compliance Procedures" which are specifically designed for taxpayers who have non-fraudulent reasons for falling behind on their filing obligations. An Enrolled Agent can guide him through this process, which often results in reduced penalties. Good luck to your neighbor - he's fortunate to have someone looking out for his best interests!
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Makayla Shoemaker
That $9,500 quote is absolutely predatory! I've been helping people with tax issues for years, and this is unfortunately a common scam targeting people who are already stressed about their situation. For straightforward 1099 income with minimal deductions, your neighbor should expect to pay around $200-400 per year for professional preparation. Even accounting for some complications with back taxes, the total should be nowhere near $9,500 - more like $1,500-3,000 maximum. Here's what I'd recommend: Tell your neighbor to hang up on these cold-callers immediately. Instead, he should contact the local IRS Taxpayer Advocate Service (it's free) or find a local Enrolled Agent through the IRS directory. Many EAs offer free initial consultations and can provide realistic cost estimates. The financing offer is another huge red flag - they're trying to lock him into payments for overpriced services. The IRS itself offers very reasonable payment plans once returns are filed, often with much lower monthly payments than what these companies are pushing. Your neighbor is lucky to have someone looking out for him. These companies specifically target older adults and people who are intimidated by tax issues.
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